Bentley v. Weaver
New York Supreme Court
Emott, for the defendant, moved to change the venue from the city and county of Albany to the county of Chenango. The motion was founded on an affidavit of the defendant, stating that the action was brought on a special agreement made in the latter county, and that the cahse of action, if any, arose in that County, and not elsewhere, and also stating that eight or ten witnesses, whose testimony would be material on the trial, resided in that county.
1Opinion of the Court
Lansing, Ch. J.,
delivered the opinion of the court. The affidavit of the defendant as to the place where the cause of action arose, is in the usual form, and instead of the plaintiff’s meeting the application by stipulating to give evidence arising in the county where the venu.e is laid, he has sworn that the cause of action arose in another county, (Saratoga,) and that two of his witnesses resided there; at the samé time cautiously avoiding the negative, that the cause of action did not arise elsewhere. This was irregular, and cannot assist him to retain the venue at Albany.
As to the other…
2Cases cited2 opinions
- Peet v. BillingsNew York Supreme Court · 1829
- Bank of St. Albans v. KnickerbackerNew York Supreme Court · 1831